Legal Opinion

Hershey v. Delone

Superior Court of Pennsylvania

Decided July 18, 1912No. Appeal, No. 18Published

Appeal, No. 18, March T., 1912, by defendant, from judgment of C. P. Adams Co., Nov. T., 1910, No. 61, on verdict for plaintiff in case of Catherine Hershey v. Charles J. Delone. Assumpsit for arrearages of dower charged on land.

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Appeal, No. 18, March T., 1912, by defendant, from judgment of C. P. Adams Co., Nov. T., 1910, No. 61, on verdict for plaintiff in case of Catherine Hershey v. Charles J. Delone. Assumpsit for arrearages of dower charged on land. At the trial the jury returned a verdict for $1,114.79. On motion of defendant that judgment be entered on the verdict de terris Swope, P. J., filed the following opinion: This action was brought by Catherine Hershey, widow of Isaac Hershey, deceased, against Charles J. Delone, owner of the premises charged, for due and unpaid annual dower interest. The verdict was…

1Opinion of the Court

Per Curiam,

Section 43, relating to partition, of the Act of March 29, 1832, P. L. 190, 203, provides that, where a decree for the sale of real estate shall be made by the orphans’ court, in the event of the heirs refusing or neglecting to take, “the court shall direct that the share of the widow, if there be one, of the purchase money, shall remain in the hands of the purchaser during the natural life of the widow, and the interest thereof shall be annually and regularly paid to her by the purchaser, his heirs and assigns, holding the premises, to be recovered by distress or otherwise as…

2Cases cited2 opinions

  1. Kunselman v. StineSupreme Court of Pennsylvania · 1899
  2. Peters's EstateSuperior Court of Pennsylvania · 1901

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